June 1, 2016- Army Corps of Engineers announces proposal to renew and revise nationwide permits
WASHINGTON –The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue two new NWPs and one new general condition. The nationwide permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources separately or on a cumulative basis. Activities range from work associated with aids to navigation and utility lines to residential developments and maintenance activities. The reissuance process starts with this publication of the proposed NWPs in the Federal Register for a 60-day comment period. The purpose of this Federal Register document is to solicit comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions.
The proposed nationwide permits have been published in the Federal Register and is available at https://federalregister.gov/a/2016-12083
Please submit comments on or before August 1, 2016 to https://www.federalregister.gov/articles/2016/06/01/2016-12083/proposal-to-reissue-and-modify-nationwide-permits#open-comment
Following the public comment period, USACE will review the comments received and prepare final nationwide permits that will replace the existing set of nationwide permits, which were authorized in 2012. Additional information about the USACE Regulatory Program can be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx.
June 1, 2016- Flood Recovery and Repair Activities within the Fort Worth District- In response to the severe flooding and other storm related damages in the Fort Worth District, it is anticipated that municipalities and owners of damaged property will want to conduct repair activities immediately and in the near future. This Public Notice will provide guidance and a summary of U.S. Army Corps of Engineers (USACE) Section 404 Clean Water Act permits which may be required for dredging or placing fill in waters of the United States, including rivers, lakes, streams, creeks, and wetlands. However, many of the permits have scopes of work and thresholds which allow you to accomplish your project without delay or waiting for an authorization.
Public Notice - 2016 Flood Recovery and Repair Activities
April 18, 2016 - The U.S. Army Corps of Engineers, as part of an
interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish
and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources
Conservation Service, published the final biennial update to the National Wetland Plant List (NWPL) in the federal register. The 2016 NWPL should be used on any delineations
started after 1 May 2016. Any delineations in progress or started before this
date can still use the 2014 NWPL. For more information click here.
October 9, 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.
For more information and updates, please visit the USACE HQ site at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/juris_info.aspx
The Clean Water Act Rule: Definition of "Waters of the United States":
The Office of the Assistant Secretary of the Army for Civil Works (ASA-CW) and the U.S. Environmental Protection Agency (USEPA) Clean Water Act Final Rule. Following is information regarding the rule:
Additional information can be found by visiting the the ASA-CW's website at http://www.army.mil/asacw/ or the USEPA's website at http://www2.epa.gov/cleanwaterrule.
On June 6, 2016, the USEPA signed an Administrative Order to Chesapeake Operating, LLC citing violations of the Clean Water Act resulting from the dredged and fill activities involving wetlands and an intermittent stream just west of Crystal City, Zavala County, Texas. A Consent on Agreement and Final Order between EPA and Chesapeake Operating, LLC to settle violation of Section 301(a) of the Act resulted in a $9,000 civil penalty. Chesapeake Operating, LLC, will also restore the functions of the wetland and stream. The work was discovered by the Fort Worth Regulatory Branch and referred to USEPA.
On March 18, 2015, the USEPA signed a Consent Agreement and Final Order with CTMGT Tuberville, LLC assessing a Class I civil penalty of $4,500 under Section 404 of the Clean Water Act (CWA) for unauthorized work and a violation of permit conditions on a subdivision in Denton, Texas. The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation. In addition to the fine, the permittee was ordered to restore the area within permit conditions.